Marriage with foreign elements is understood as a person with Vietnamese nationality (male or female) who marries a person with foreign nationality in Vietnam or in a foreign country in accordance with and in accordance with the provisions of law. Vietnamese marriage and family. So about the matter “Procedures for Vietnam women to get married to foreigners” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Decree 123/2015/ND-CP
Conditions for Vietnamese women to marry foreigners
According to the law, specifically, the Law on Marriage and Family 2014 defines marriage with a foreigner as a marriage relationship as follows:
“25. Marriage and family relations involving foreign elements are marriage and family relations in which at least one party is a foreigner or a Vietnamese residing abroad; marriage and family relations between the parties involved are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising abroad or property related to the relationship that system abroad.
Because of the feature of having a foreign element, the conditions and requirements for marriage permission in this case also have many specific differences from the application of the law of each country depending on the territory where the marriage is registered. Marriage registration, stricter regulations on proof of marital status, as well as identification of identity also become poorer.
Regarding the application of the marriage law depending on the territory where the marriage is registered, the Vietnamese Law on Marriage and Family stipulates as follows:
“Article 126. Marriage with foreign elements
1. In a marriage between a Vietnamese citizen and a foreigner, each party must comply with its own law on marriage conditions; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on marriage conditions.
2. The marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.”
Thus, if Vietnamese women register their marriages with foreigners in Vietnam, the applicable law will be the Law on Marriage and Family of Vietnam.
Conditions of marriage
According to Article 8 of the Law on Marriage and Family 2014, the marriage conditions for both men and women are as follows:
“Article 8. Conditions for marriage
1. Men and women getting married must comply with the following conditions:
a) Men aged full 20 years or older, women aged full 18 years or older;
b) The marriage is voluntarily decided by the man and the woman;
c) No loss of civil act capacity;
d) The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
2. The State does not recognize marriage between people of the same sex.”
Thus, if a Vietnamese woman wants to marry a foreigner, she needs to meet the above basic conditions, respectively, the female must be at least 18 years old (If the month of birth cannot be determined, January of the year of birth; if the date of birth cannot be determined, the date of birth shall be the first day of the month of birth); There must be voluntary, not fake, forced marriage; And the woman must have full civil act capacity.
In addition, the marriage does not fall into one of the cases where marriage is prohibited mentioned in Clause 2, Article 5 of the Law on Marriage and Family, including:
– Fake marriage.
– Child marriage, coercion, deception, obstruction of marriage.
– Being married, having a husband and marrying another person.
– Marriage between the following subjects: Persons of the same blood line directly related to each other within three generations, between adoptive parents and adopted children; between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a step-child of a wife, a stepmother with a step-son of a husband.
– Claiming wealth in marriage.
Taking advantage of marriage for human trafficking, labor exploitation, sexual abuse or other acts for the purpose of self-seeking.
What is required for marriage registration?
Pursuant to Article 30 of Decree 123/2015/ND-CP guiding the Law on civil status stipulating the application for marriage registration with a foreigner, the following papers and documents are required:
“Article 30. Marriage registration documents
1. A marriage registration dossier is made according to the provisions of Clause 1, Article 38 of the Law on Civil Status and the following provisions:
a) Both male and female parties may make a joint declaration on marriage registration;
b) Papers proving the marital status of a foreigner are papers issued by a foreign competent authority which are still valid for use certifying that such person is currently unmarried or unmarried; In case the foreign country does not issue a certificate of marital status, it shall be replaced with a document issued by a foreign competent authority certifying that the person is eligible for marriage under the laws of that country.
If the document proving the marital status of the foreigner does not have an expiry date, this document and the certification of the medical organization as prescribed in Clause 1, Article 38 of the Law on Civil Status are only valid for 6 months. , from the date of issue.
2. If a foreigner does not have a passport to present as prescribed in Clause 1, Article 2 of this Decree, he/she may present an international travel document or a residence card.
3. In addition to the papers specified in Clause 1 of this Article, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent authority, a copy of the civil status extract must also be submitted. have recorded in the book the divorce or annulment of the marriage as prescribed in Clause 2, Article 36 of this Decree; if he is a civil servant or public employee or is serving in the armed forces, he/she must submit a document from his/her agency or unit certifying that his/her marriage to a foreigner is not contrary to the regulations of that branch.
Procedures for Vietnam women to get married to foreigners
Procedures for Vietnamese women to marry foreigners include the following steps:
The order of marriage registration shall comply with the provisions of Clauses 2, 3 and 4, Article 38 of the Law on civil status and the following provisions:
1. Within 10 working days from the date of receipt of complete and valid dossiers, the Justice Department shall conduct research, verify the dossiers and verify if necessary. The head of the Justice Division is responsible for the examination results and the Justice Department’s proposal in handling the marriage registration dossier.
2. If the application is valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, and do not fall into the case of refusal to register for marriage under Article 33 of this Decree. The Justice Division shall report to the President of the district-level People’s Committee to sign 02 originals of the marriage certificate.
3. Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister to prescribe additional interview procedures when handling marriage registration requests in order to ensure the lawful rights and interests of the spouses, parties and the effectiveness of State management.
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Please see more
- Right to pick up children after divorce under Vietnam law
- Regain custody of children after divorce under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Fees for marriage registration with foreigners are issued by the provincial People’s Councils of each locality, usually ranging from 1,000,000 to 1.5,000,000 VND.
In principle, if settling in a foreign country, the foreigner will guarantee and apply for the status of overseas residence for the Vietnamese. Your job now is just to go to a foreign embassy in Vietnam to apply for a visa to reunite and settle abroad.
If you choose Vietnam as your place of residence to live and work, you will sponsor foreigners to apply for visa exemption or temporary residence card.
Experience shows that each country has its own regulations on this content. If getting married in Vietnam, the time limit for processing the marriage registration is 13 working days from the date of receiving the complete dossier. Of which 10 working days to resolve and 3 working days to return results.
Conclusion: So the above is Procedures for Vietnam women to get married to foreigners. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
